KARACHI: A division bench of High Court of Sindh (SHC) comprising Justice Sajjad Ali Shah and Justice Muhammad Junaid Ghaffar on Friday disposed of a constitution petition filed by Anum Traders, Hyderabad after assurance by Pakistan Customs that the order passed by Adjudicating Officer will be implemented in letter and spirit.
The bench deciding the petition ordered the petitioner to pay the custom duty, redemption fine, penalty and other taxes while Customs was directed to release the consignment within seven days after payment is made.
Earlier counsel for petitioner submitted that they are ready to pay duty etc but in case of few items such a heavy duty was assessed payment of which is not feasible for the petitioner.
Kashif nazeer advocate, counsel for Pakistan Customs said that petitioner wants partial implementation of order of the court. The court inquired from the counsel for petitioner who confirmed the same but later said petitioner is ready to pay all dues if order of adjudicating officer is implemented by the respondent Customs.
According to details petitioner imported miscellaneous goods from China, which neither are banned nor prohibited items are per Import Policy Order. It was also submitted that after completion of customs appraisement process and customs assessment, petitioner deposited the assessed amount of duty/taxes after which goods were declared and treated to be out of charge and gate pass was issued. The goods were however intercepted by officials of Directorate of Intelligence and Investigations (Customs Enforcement) and detained within customs/port area. The consignment was subjected to physical verification, scrutiny and re-examination during which it was found that few items were not declared and thus non-assessed involving duty and taxes amounting to rupees 1,613,537.
According to report by the I&I, Copper Bus Bars weighing 2050 kilograms and Micro Computer Photo Electric Controllers (frame) were not declared and attempt was made to remove the said items without paying custody dusty and other taxes.
The Collector Customs (Adjudication-I) deciding the case upheld the confiscation of goods as lawful and ordered that consignment may be released if the importer pays a redemption fine at a rate of 35 per cent, 20 per cent on undeclared items. A penalty of rupees 300,000 and 100,000 was also imposed upon importer and clearing agent for alleged contravention.
Today, the bench after hearing the counsel for petitioner and Customs ordered release of consignment within seven days after payment of all dues including customs duty, redemption fine penalty etc.